Erik K Pelton
AUGUST 2, 2023
The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023. The post 5 Things I’ve Learned About Trademarks So Far in 2023 appeared first on Erik M Pelton & Associates, PLLC. The world of trademarks is always evolving, and Erik is here to share 5 things he has learned so far in 2023.
JD Supra Law
AUGUST 3, 2023
Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This blog highlights some of the major things you should consider as you launch your products into the marketplace, from an intellectual property perspective.
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Plagiarism Today
JULY 31, 2023
We recently looked at the current state of detecting AI writing. However, a new study may point to additional challenges to ponder. The post Additional Challenges to Detecting AI Writing appeared first on Plagiarism Today.
Hugh Stephens Blog
AUGUST 2, 2023
I am pleased to announce that my book, “In Defence of Copyright”, published by Cormorant Books in Toronto, is now available to pre-order through local bookstores, Indigo (stores and online) in Canada, and online through Amazon, and will be in stores as of August 19.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Intellectual Property Law Blog
AUGUST 2, 2023
The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes.
Erik K Pelton
AUGUST 1, 2023
The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks. In addition to teaching and supervising the trademark clinic course at Howard University School of Law, I have taught many webinars and other courses on a variety of trademark topics, and I want to share three things that I’ve learned while teaching about trademarks: Every case is unique.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 4, 2023
The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing.
Intellectual Property Law Blog
AUGUST 1, 2023
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness. Background John L. Couvaras filed U.S. Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodil
The IPKat
AUGUST 4, 2023
The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. G 2/21 arose from a case in the biotech field. The referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is also often used in the biotech field ( IPKat ).
Plagiarism Today
JULY 31, 2023
Activision sues TikToker, Grande Communications ordered to pay bond for appeal and Taylor Swift wins lawsuit over Lover design. The post 3 Count: First Strike appeared first on Plagiarism Today.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
JD Supra Law
AUGUST 4, 2023
As a rapidly increasing number of generative artificial intelligence products come to market, companies interested in incorporating these technologies must evaluate such offerings by balancing speed of implementation and technical capabilities with financial and legal considerations. Providers of such tools are pushing the envelope on what’s possible from a technology perspective while also attempting to assess ethical considerations, tune the models to reflect concerns and build in user.
Intellectual Property Law Blog
AUGUST 1, 2023
This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.
Copyright Alliance
AUGUST 3, 2023
All the hoopla surrounding the new Barbie movie has awoken a distant Barbie memory for me. No, not that type of memory (I was more of a superhero action figure […] The post Barbie: An IP Girl in an IP World appeared first on Copyright Alliance.
Plagiarism Today
AUGUST 1, 2023
The president of Aizu University has resigned amid allegations of self-plagiarism. However, it's likely overshadowed by a bigger story. The post Japanese University President Resigns Over Self Plagiarism appeared first on Plagiarism Today.
IP Watchdog
AUGUST 3, 2023
On August 2, inventor advocacy group US Inventor held a webinar on provisions of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act that are intended to curb abuses impacting small business patent owners at the Patent Trial and Appeal Board (PTAB). While most panelists on the virtual call acknowledged that the PREVAIL Act wouldn’t solve every problem threatening the U.S. innovation ecosystem’s most vulnerable members, there was widespread agreement that
Intellectual Property Law Blog
JULY 31, 2023
This case addresses the legal standard for inherent anticipation. Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 patent, Abstract.
JD Supra Law
AUGUST 3, 2023
Last week, the CEO of Twitter, Elon Musk, announced that Twitter would be re-branded simply as “X.” Upon the new “X” logo being unveiled on most users’ phones, confusion was almost instant. As one friend put it, “I thought it was my Comcast Xfinity app.” This abrupt brand change came as a shock to both the social media community at large and the trademark community.
Plagiarism Today
AUGUST 3, 2023
Author Keith F. Bell is the author of Winning Isn't Normal, but he's made a name as a regular litigant. Now, he's coming to the CCB. The post ‘Winning Isn’t Normal’ Author Files First Cases with the CCB appeared first on Plagiarism Today.
The IP Law Blog
AUGUST 3, 2023
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC , questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by a number of courts. Alexis Hunley et al v Instagram, LLC involved a potential class action claim against Instagram related to its embedding practice.
Intellectual Property Law Blog
JULY 31, 2023
This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range. Background UCB, Inc. (“UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin.
Velocity of Content
AUGUST 3, 2023
Reliable information resources are key for a shared understanding of the impact of metadata across the complex research lifecycle. The State of Scholarly Metadata: 2023 outlines the current state of open scholarly communications based on dozens of interviews with key community members. Recently, CCC’s Jamie Carmichael hosted an interactive webinar to share insights from the report about the complexities and challenges in metadata management across the research lifecycle.
Plagiarism Today
AUGUST 1, 2023
Author loses fight against Netflix, Indian Parliament passes bill to criminalize piracy and Sky obtains unique site blocking injunction. The post 3 Count: Slumlord Dismissal appeared first on Plagiarism Today.
The IPKat
AUGUST 3, 2023
There is growing consensus from recent Boards of Appeal that G1/21 does not endorse the imposition of ViCo oral proceedings, absent a state of general emergency ( T 1501/20 ). These most recent cases contradict the decisions of earlier Boards of Appeal that G1/21 could be ignored in view of improvements in ViCo technology. ViCo controversy catch-up The mandatory use of ViCo in oral proceedings was introduced in response to the travel restrictions caused by the COVID-19 pandemic.
Michael Geist
AUGUST 2, 2023
For months, supporters of Bill C-18, the Online News Act, assured the government that Meta and Google were bluffing when they warned that a bill based on mandated payments for links was unworkable and they would comply with it by removing links to news from their platforms. However, what has been readily apparent for months became reality yesterday: Meta is now actively blocking news links and sharing on its Facebook and Instagram platforms.
IP Watchdog
AUGUST 2, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s dismissal of Realtime Data, LLC’s patent infringement claims based on invalidity of the asserted claims under 35 U.S.C. § 101. In a previous ruling, the CAFC sent the case back to the district court asking for a more fleshed out Section 101 analysis. Judge Pauline Newman dissented to today’s judgment, calling current eligibility jurisprudence a “morass” and saying she would have remanded the case for deter
Plagiarism Today
AUGUST 2, 2023
Research into semiconductors has been exploding with two separate announcements of a major breakthrough, both beset with serious issues. The post Superconductors and Research Integrity appeared first on Plagiarism Today.
JD Supra Law
AUGUST 2, 2023
Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were obviously AI-generated, he received a rejection notice from Valve stating: While we strive to ship most titles submitted to us, we cannot ship games for which the developer does not have all of the necessary rights.
SpicyIP
AUGUST 2, 2023
The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others , held that the High Court cannot hear appeal under Section 91 of the Trademarks Act against the decision of the WIPO Administrative Panel. Section 91 provides for appeal to the High Court against the order or decision of the Registrar of Trademarks. In the given case, the High Court refused to invoke Section 91 on the ground that the Administrative Panel of WIPO is not the “Registrar” under the Trademarks Act
IP Law 360
AUGUST 2, 2023
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
Plagiarism Today
AUGUST 2, 2023
CoComelon creators win case against similar show, Dua Lipa faces another lawsuit over Levitating and copyright royalty board rates upheld. The post 3 Count: Baby Battle appeared first on Plagiarism Today.
Patently-O
JULY 31, 2023
by Dennis Crouch Documents: FedCir Vanda Decision ; Vanda EnBanc Brief The Federal Circuit recently sided with the accused infringers Teva and Apotex, affirming the invalidation claims from four Vanda patents covering methods of using tasimelteon to treat circadian rhythm disorders. However, the patent owner has petitioned the court for en banc rehearing, arguing the panel improperly disregarded evidence of nonobviousness.
SpicyIP
AUGUST 1, 2023
We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications for the position of Research Programme Coordinator. The last date to apply is August 12, 2023. For more detail please read the announcement below. Call for Applications – Research Programme Coordinator The National Law University Delhi (‘University’), through its Centre for Innovation, IP and Competition (CIIPC), is seeking to engage a Research Programm
IP Law 360
AUGUST 4, 2023
A Federal Circuit panel investigating claims that 96-year-old Judge Pauline Newman is not mentally fit to remain on the bench has recommended that she be suspended from hearing all cases for one year for not cooperating with the probe.
IP Watchdog
JULY 31, 2023
On Friday, July 28, President Biden announced a new Executive Order titled “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs.” Rumors that the Administration was considering extending the deeply flawed Department of Energy (DOE) policy (see “More DOE Bureaucracy Equals Less Innovation” to all agencies had been swirling for months.
TorrentFreak
AUGUST 1, 2023
Since its invasion of Ukraine in February, Russian Members of Parliament and lawmakers have taken turns to see who can come up with the most aggressive anti-Western legislative proposals. Suitably dressed-up in anti-American, anti-European rhetoric, plans to let everyone in Russia pirate Western content came early. While obvious to everyone else right from the beginning, the proposals were fundamentally flawed.
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